Karnataka High Court
Prathamika Krushi Pattina Sahakari ... vs The State Of Karnataka on 6 March, 2023
Author: R.Devdas
Bench: R.Devdas
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WA No. 100513 of 2022
C/W WA No. 100515 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 6TH DAY OF MARCH, 2023
PRESENT
THE HON'BLE MR JUSTICE R.DEVDAS
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
WRIT APPEAL NO. 100513 OF 2022 (CS-EL/M)
C/W
WRIT APPEAL NO. 100515 OF 2022
IN WRIT APPEAL NO. 100513 OF 2022
BETWEEN:
1. PRATHAMIKA KRUSHI PATTINA SAHAKARI SANGHA
NIYAMITA RAMAPUR , TQ. DIST. DHARWAD,
REP. BY ITS CHAIRMAN,
SHRI SURESH SHANKARGOUDA PATIL,
AGED ABOUT 50 YEARS, OCC. AGRICULTURE,
R/O. RAMAPUR, TQ. AND DIST. DHARWAD.-581103
2. PRATHAMIKA KRUSHI PATTINA SAHAKARI SANGHA
Digitally
signed by NIYAMITA ALNAVAR, TQ. AND DIST. DHARWAD,
John Doe
John Location:
DHARWAD
REP. BY ITS DIRECTOR,
Doe Date:
2023.03.13
SHRI NOORAHMED MOHAMMED ISMAIL KITTUR,
16:21:59 -
0700 AGED ABOUT 65 YEARS, OCC. AGRICULTURE,
R/O. ALNAVAR, TQ. AND DIST. DHARWAD
...APPELLANTS
(BY SRI. NANDISH PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF COOPERATION,
REP. BY ITS PRINCIPAL SECRETARY,
M S BUILDING, BENGALURU-560001
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WA No. 100513 of 2022
C/W WA No. 100515 of 2022
2. THE REGISTRAR OF CO OPERTIVE SOCIETIES
ALI ASKAR ROAD, BENGALURU-560001
3. THE JOINT RGISTRAR OF CO-OEPRTIVE SOCIETIES
JAKKERI HONDA, KHANAPUR ROAD,
BELAGAVI, TQ.AND DIST. BELAGAVI.
4. KARNATAKA CENTRAL CO-OPERATIVE BANK LIMITED
REP. BY ITS MANAGING DIRECTOR,
SUBHAS ROAD, DHARWAD,
TQ. AND DIST. DHARWAD-580001
5. THE STATE CO-OPERATIVE ELECTION COMMISSION
REP. BY ITS COMMISSIONER,
BASAVANAGUDI, BENGALURU-560001
6. ARAVATAGI PRATHAMIKA KRUSHI PATTINA SAHAKARI
SANGHA NIYAMITA DORI, POST. BENACHI,
TQ. ALNAVAR, DIST. DHARWAD-580001
7. UMESH SIDDALINGAPPA BHUMANNAVAR
AGE. 62 YEARS, OCC. AGRICULTURE,
DIRECTOR OF KARNTAKA CENTRAL
CO-OPERATIVE BANK LIMITED, DHARWAD,
R/O. ARAVATAGI,TQ. ALNAVAR,DIST. DHARWAD-580001
...RESPONDENTS
(BY SRI.V.S.KALASURMATH, HCGP FOR R1 TO R3)
(BY SRI.MALLIKARJUNASWAMY B. HIREMATH, ADV. FOR R4)
(SRI. MRUTYUNJAYA S. HALLIKERE, ADV. FOR R5)
(SRI.VEERESH R.BUDHIHAL, ADV. FOR R6)
(SERVICE OF NOTICE TO R7 IS DISPENSED WITH)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING THIS COURT FOR THE REASONS
STATED ABOVE THE ORDER OF LEARNED SINGLE JUDGE DATED
02.11.2022 PASSED IN WRIT PETITION NO. 103857/2021 MAY
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WA No. 100513 of 2022
C/W WA No. 100515 of 2022
KINDLY BE SET ASIDE AND THE COMMUNICATION DATED
24.09.2021 BRG. NO. SACHUPRA/BE/A.M.CHU/196/2018/2326
ISSUED BY RESPONDENT NO.5 MAY KINDLY BE QUASHED.
IN WRIT APPEAL NO. 100515 OF 2022
BETWEEN:
1. UMESH SIDDALINGAPPA BHUMANNANAVAR
AGE. 61 YEARS, OCC. AGRICULTURE,
DIRECTOR OF KARNATAKA CENTRAL
CO OPERATIVE BANK LIMITED, DHARWAD.
R/O. ARVATAGI, TQ. ALNAVAR,
DIST. DHARWAD-580001.
...APPELLANT
(BY SRI. NANDISH PATIL AND SRI.RAMACHANDRA V. BHAT, ADVS.)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF CO OPERATION,
REP. BY ITS PRINCIPAL SECRETARY,
M S BUILDING, BENGALURU-560001.
2. THE REGISTRAR OF CO OPERATIVE SOCIETIES
ALI ASKAR ROAD,
BENGALURU-560001.
3. THE JOINT REGISTRAR OF CO OPERATIVE SOCIETIES
JAKKERI HONDA,
KHANAPUR ROAD,BELAGAVI,
TQ. AND DIST. BELAGAVI-590001.
4. KARNTAKA CENTRAL CO OEPRATIVE BANK LIMITED
REP. BY ITS MANAGING DIRECTOR,
SUBHAS ROAD, DHARWAD,
TQ. AND DIST. DHARWAD-580001.
5. THE STATE CO OPERATIVE ELECTION COMMISSION
REP. BY ITS COMMISSIONER,
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WA No. 100513 of 2022
C/W WA No. 100515 of 2022
BASAVANAGUDI,
BENGALURU-560001.
6. ARVATAGI PRATHAMIKA KRUSHI PATTINA SAHAKARI
SANGHA NIYAMITA DORI
POST. BENACHI,
TQ. ALNAVAR,DIST. DHARWAD-580001.
...RESPONDENTS
(BY SRI.V.S.KALASURMATH, HCGP FOR R1 TO R3)
(BY SRI.MALLIKARJUNASWAMY B. HIREMATH, ADV. FOR R4)
(SRI. MRUTYUNJAYA S. HALLIKERE, ADV. FOR R5)
(SRI.VEERESH R.BUDHIHAL, ADV. FOR R6)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING THIS COURT FOR THE REASONS
STATED ABOVE THE ORDER OF LEARNED SINGLE JUDGE DATED
02.11.2022 PASSED IN WRIT PETITION NO. 103857/2021 MAY
KINDLY BE SET ASIDE AND THE COMMUNICATION DATED
24.09.2021 VIDE ANNEXURE-D BEARING NO.
SACHUPRA/BE/A.M.CHU/196/2018 /2326 ISSUED BY RESPONDENT
NO.5 MAY KINDLY BE QUASHED, CONSEQUENTLY ALLOWING THE
WRIT PETITION.
THESE APPEALS, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, R.DEVDAS DELIVERED THE FOLLOWING:
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WA No. 100513 of 2022
C/W WA No. 100515 of 2022
JUDGMENT
R.DEVDAS J., (ORAL):
Petitioner in W.P.No.103857/2021 has filed W.A.No.100515/2022, while the Chairman and Director of another Co-operative Society have filed W.A.No.100513/2022. However, similar prayer as was made in the writ petition at the hands of Sri. Umesh Siddalingappa Bhumannanavar is made in both these appeals, consequently, both these matters are taken up together, heard and disposed off by this common order.
2. The writ petitioner had filed the petition challenging the provisions contained in Section 18(B)(i) of the Karnataka Co-operative Societies Act, 1951. The petitioner had raised a challenge to a communication dated 24.09.2021 made by the State Co-operative Election Commission who had stated that since the election to the Karnataka State Co-operative Bank Ltd., Dharwad was held about 2½ years ago, appropriate directions will be -6- WA No. 100513 of 2022 C/W WA No. 100515 of 2022 issued to the concerned to take action for filling up the post in terms of Section 29-E of the Act.
3. Learned counsel for the appellants submits that the learned Single Judge having noticed that the division bench of this Court had considered similar challenge raised in respect of Section 18(B) of the act and upheld the validity of the said provision, nevertheless proceeded to hold that since the remaining term of the post of the director which has fallen vacant consequent to the removal of the petitioner from the post of directorship was less than 2½ years as on the date when the order is to be passed, the learned single judge did not find any infirmity in the actions of the Board of the 4th respondent - Karnataka Central Co-operative Bank Ltd., in co-opting respondent No.5 to the said post. However, learned counsel for the petitioners has drawn the attention of this Court to another judgment of Division Bench of this Court in the case of Karnataka Government Secretariat Co- operative Society Ltd., Bengaluru Vs. State of -7- WA No. 100513 of 2022 C/W WA No. 100515 of 2022 Karnataka reported in (2018) 3 KANT LJ 90 wherein, it was held, " A Plain reading of Section 29-E of the Act extracted above indicates that the remaining term of office of the board referred to therein has to be computed from the date when the vacancy in the office of the director of the board occurred and not from the date of notification to fill the vacancy. There is nothing in the Section to suggest to the contrary. If so computed, the remaining term of office of the board, as on the date when the vacancy in the office of the director of the board in the appellant-Society occurred, will be more than half of its original term. In such a circumstance, Section 29-E of the Act mandates holding of election to fill the vacancy on the board. Hence, we find no ground to interfere with the order of the learned single Judge. The writ appeals are accordingly dismissed. In view of dismissal of the appeals, IA No.1/2017 stands dismissed."
4. Per contra, learned counsel for 6th Respondent- Aravatagi Prathamika Krushi Pattina Sahakari Sangha Niyamita Dori, seeks to contend that the writ appeal filed at the hands of the Chairman and Director of some other co-operative society which is not concerned with the 6th respondent co-operative society is not maintainable in law. However, in respect of the merits of the impugned order -8- WA No. 100513 of 2022 C/W WA No. 100515 of 2022 passed at the hands of learned single judge, the learned counsel seeks to contend that the Board of the 4th respondent has already co-opted a person to the directorship and therefore, at this stage, if any orders are passed, it would harm the interest of such co-opted member. To this learned counsel for 4th respondent-Co- operative society points out to an interim order passed by this Court in W.A.No.100513/2022 dated 22.11.2022 that in the light of the submission that a member has been co- opted, it was made clear that the continuance of the said director is subject to the orders to be passed and there would be no claim of any independent right as the matter is still pending for adjudication before this Court.
5. Insofar as the objection raised at the hands of learned counsel for respondent No.6 regarding maintainability of writ appeal in WP No.100513/2022 is concerned, this court is of the considered opinion that since the original writ petitioner has also raised a challenge to the order of the learned single judge, no -9- WA No. 100513 of 2022 C/W WA No. 100515 of 2022 useful purpose would be served by keeping out the appeals, since this Court is passing orders based on the challenge raised by the original writ petitioner, formal leave is granted to appeals in WP No.100513/2022.
6. The learned counsel for the appellants has drawn the attention of this Court to the decision of Hon'ble Supreme Court in the case of Chaitanya Kumar and others Vs. State of Karnataka and others, reported in (1986) 2 SCC 594, wherein, it was held that "The court cannot close it's eyes and persuade itself to uphold publicly mischievous executive actions which have been so exposed. When arbitrariness and perversion are writ large and brought out clearly, the court cannot shirk its duty and refuse its writ."
7. In that view of the matter, we are satisfied that the orders passed by the learned single judge would be contrary to the provisions contained in Section 29-E, in the light of the decision of the co-ordinate Bench as noticed
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WA No. 100513 of 2022C/W WA No. 100515 of 2022 herein above. In that view of the matter, the writ appeals should succeed.
8. Accordingly, orders passed by the learned single judge in W.P.No.103857/2021 dated 02.11.2022 is set aside in part to the extent that in terms of Section 29-E, the Commissioner, State Co-operative Election Commission shall direct the 4th respondent-Karnataka Central Co-operative Ltd. to fill up the post of Director which fell vacant on 07.02.2021 in terms of the provisions contained in Section 29-E.
9. The competent authority is required to consider the claim of the writ petitioners to fill up the said post having regard to the fact that the post fell vacant on 07.02.2021 and as on the said date when the post fell vacant, remaining term was more than half of the term of the office. If that is so, the post was required to be filled up in accordance with law. Ordered accordingly.
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WA No. 100513 of 2022C/W WA No. 100515 of 2022
10. At any rate, election to the said post shall be held within a period of four weeks from the date of receipt of copy of this order.
All pending IAs are disposed of in view of the dismissal of the writ appeals.
SD JUDGE SD JUDGE MBS,HMB List No.: 1 Sl No.: 8